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THE MARATHAN COOP. GROUP HOUSING SOCIETY versus HARYANA URBAN DEVELOPMENT AUTHORITY, PAN

High Court of Punjab and Haryana, Chandigarh

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The Marathan Coop. Group Housing Society v. Haryana Urban Development Authority, Pan - CWP-13043-2006 [2006] RD-P&H 5601 (17 August 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP NO.13043 of 2006

DATE OF DECISION: August 21, 2006

The Marathan Coop. Group Housing Society Ltd., Palwal ....Petitioner

VERSUS

Haryana Urban Development Authority, Panchkula and others .....Respondents

CORAM:- HON'BLE MR. JUSTICE VINEY MITTAL
HON'BLE MR. JUSTICE R.S.MADAN

PRESENT: Shri Atul Lakhanpal, Advocate for the petitioner.

Viney Mittal,J.(Oral).

Notice of motion to the respondents No.1 and 2 only, at this stage.

On the asking of Court, Shri Ashok Jindal, Additional Advocate General, Haryana accepts notice on behalf of the said respondents.

Copies of the writ petition have been supplied to the learned counsel for the respondents.

The petitioner society has sought directions against respondents No.1 and 2 to allot the land to the society for residential purposes. Reliance in this regard has been placed on the allotment done in the case of respondent No.3.

From the perusal of the record, we find that before approaching this Court, the petitioner has chosen not to approach the respondents seeking the requisite relief. It is well settled that a writ of mandamus is not maintainable without first raising demand of justice before the competent authority.

Consequently, we dispose of the present petition with a liberty to the petitioner society to approach respondent No.2, Estate Officer, HUDA, Faridabad by filing a detailed and comprehensive representation by appending all the relevant documents within a period of four weeks from the date a certified copy of this order is received. On receipt of the aforesaid representation, the Estate Officer, HUDA, Faridabad shall decide the said representation by passing a detailed and speaking order within a period of four months of filing of the representation and after affording an opportunity to the representative of the petitioner society.

A copy of the order be given dasti on payment of usual charges.

(Viney Mittal)

Judge

August 21, 2006 (R.S. Madan)

KD Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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